Can I File For Social Security Disability And Workers’ Compensation At The Same Time?
The answer to this question is: Yes! But you may want to talk to a personal injury lawyer about this type of claim. The law has foreseen this situation and allows individuals to apply for both at the same time. These two claims are not exclusive and may be what keeps you afloat during your inability to generate income after an accident or work injury.
What are Workers’ Compensation and Disability Benefits?
Workers’ comp, as it is usually referred to, provides compensation from your employer’s insurance in the event of an injury at work. Workers’ comp helps prevent work-accident litigation and it is backed by state laws to provide for your care for the harm caused.
On the other hand, disability benefits, which represents Social Security Disability Insurance (SSDI) may provide a benefit if you are unable to sustain full time employment for more than 12 month whether such disability is work related or not. A worker qualifying for SSDI first requires earned income for some numbers of years and paying your social security (FICA) taxes paid. If you are in doubt, talk to a personal injury lawyer for advice.
Understanding the Social Security disability 80% percent original income rule.
Assuming your monthly earnings were $5,000 before your disability. When taking the workers comp, the total of your workers’ compensation and the Social Security Disability Insurance (SSDI) benefits must not exceed $4,000 (80% of $5,000). Now, if the total of both workers’ comp and SSDI exceeds $4,000, the administration office of Social Security will reduce your payments by any overage to fulfill the 80% rule.
However, whether your worker’s comp is paid weekly or as a lump sum, the SSDI office will prorate your workers’ compensation over the applicable period covering your earnings. At the point when the time of the proration elapses, your full SSDI benefits will be adjusted to full benefits payment.
When can you file for your benefits?
If you have been involved in a work related accident, please contact a Phoenix personal injury lawyer for professional advice as to when you should file.
Thanks to our friends and co-contributors from Alex & Saavedra, P.C. for their insight into Social Security and Worker’s Compensation.